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A defendant shall be punished by imprisonment for six months.
However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
From April 2012, the Defendant had been in charge of the overall fund management of the above lending company in the course of operating the lending company with the victim C in the first city B, 303, and 1704 from around 2012.
On February 8, 2013, the Defendant, at the above lending business office, received KRW 50 million from the victim C to his account in the name of the Defendant, and stored for the said victim, he embezzled for business by voluntarily consuming the amount equivalent to KRW 1,67,00,00,000, excluding the amount equivalent to KRW 3,3260,00,000 used as loan funds, interest payment, office operating expenses, etc., at around that time.
Summary of Evidence
1. Statement by the defendant in court;
1. Investigation report (No. 23 No. 5 of the evidence list);
1. Application of Acts and subordinate statutes on account transactions;
1. Article 356 of the Criminal Act applicable to the facts constituting a crime and Articles 356 and 355 (1) of the Criminal Act: Selection of imprisonment;
1. Article 62 (1) of the Criminal Act on the suspended execution;